Police constructively posses firearms. Hunters, or sportsmen that enjoy shooting are also carrying constructively. Legal uses of guns are able to be carried constructively. ADDED: The initial answer is not exactly correct; In the law "constructive possession" means being close enough, or in near enough proximity to something, to be able to easily control it or have access to it. You don't have to ACTUALLY have it ON your person, just close enough or handy enough to it.
By two means: Physical possession - you actually have the weapon in your hand or on your person. And - constructive possession - although the firearm is not on your person, you KNOW it is nearby and you could have access to it and exercise control over it very quickly and/or easily.
Is it possible that you mean possession of a firearm? In general, possession means having control over an item. If you hold the item in your hand, or place it in your dresser drawer, you have actual possession of the item. If I have the keys to the lock on a gun safe, I have CONSTRUCTIVE possession of all guns in that safe- I may not be holding the guns, but I control them.
It depends. There is something called "constructive possession" that most people don't understand the concept of. Constructive possession basically means that you have access to and intent to control the firearm. So as I said, it depends. You could be charged with possession.Added: YES, you would be considered to be 'in possession' of it, if you had access to it.
In oder to be in possession it has to be on you or in your sorroundings.
If you're found to be in possession of a stolen firearm, expect to be taken into custody. If their investigation determines that you were knowingly in possession of a stolen firearm, then you'll be charged.
No. A felon cannot live in the same house as a firearm. One of them has to go, or both of you may be prosecuted. Actually, that is not exactly correct. A felon cannot have access to a firearm (or more specifically, cannot have constructive possession). Constructive possession is loosely defined, based on several state and federal court cases, as having access and intent to possess an item, in this case, a firearm. So, if a felon lives with a non felon, the non felon can own and possess a firearm as long as the felon does not have access to it. This basically means that the non felon would have to keep the gun locked up at any times he or she does not have personal control over the gun.
Yes, it is illegal for an unlawful drug user to be in possession of a firearm under federal law.
Most likely YES. As with all such legal questions an experienced Criminal Attorney should be consulted first; even the local District Attorney office could offer a judgment. Generally, except for felony convictions in foreign countries, US felons are prohibited from possessing firearms. The extent of possession is the big question:[excerpt] The crime of possession of a firearm by a felon has two elements-a prior domestic felony conviction and possession of a firearm. The statutes "makes no reference to intent and … a prosecutor is only required to show that the felon 'possessed' the firearm with knowledge that it was a firearm." Possession "'means that the defendant knowingly had actual physical control of a firearm.'" The standard jury instruction addressing "Possession" further explains that "an item is ... in a person's possession if it is in an area over which the person has control and the person intends to exercise control over the item." Possession "may be imputed when the [firearm] is found in a place immediately accessible to the accused and subject to his exclusive or joint dominion and control, provided that the accused has knowledge of the presence of the [firearm]." So proceed carefully.Another View: Short answer: No, you cannot. You would be in what the law refers to as "constructive possession" of the weapon and subject to arrest and prosecution.
depends.. =]
possession of a firearm
Possession generally means connected to the person, or under their immediate control. If I have a firearm in a backpack, I am not touching it, but it is under my control.
No. No convicted felon can ever lawfully be in possession of a firearm.